2020 Mi'kmaq lobster dispute facts for kids

The 2020 Mi'kmaq lobster dispute is an ongoing disagreement about lobster fishing. It involves members of the Sipekneꞌkatik First Nation (part of the Mi'kmaq people) and non-Indigenous lobster fishers. This dispute mainly takes place in Digby County and Yarmouth County, Nova Scotia.

The disagreement is about how to understand a 1999 ruling by the Supreme Court of Canada. This ruling, called R v Marshall, supported the Peace and Friendship Treaties. These treaties give Indigenous Canadians the right to fish. Non-Indigenous fishers were concerned when the Indigenous fishery started fishing outside the usual season. They worried this could lead to too much fishing, known as overfishing.

Understanding the Dispute

Treaties and Rights

The Peace and Friendship Treaties are a group of 11 documents from 1760 and 1761. Among other things, these treaties gave Native Canadians the right to fish.

In 1999, the Supreme Court of Canada looked at these treaties again. In a case called R v Marshall (No. 1), the Court confirmed that Indigenous fishers have a right to fish. This right helps them earn a "moderate livelihood," meaning enough to support themselves and their families.

Later, in a second decision called R v Marshall (No. 2), the Court added more details. It said that Indigenous fishing rights can still be managed. This can happen if there are real concerns about protecting fish populations or other public interests.

These court decisions caused a lot of discussion. Some non-Indigenous fishers were upset. They felt the first ruling gave Indigenous peoples too much freedom to fish.

Starting the Self-Regulated Fishery

After the 1999 ruling, some Indigenous fishers began fishing outside the regular season. This led to negative reactions from non-Indigenous fishers in Nova Scotia and New Brunswick. This tension was seen in events like the 1999–2002 Burnt Church Crisis.

On September 17, 2020, the Sipekne'katik First Nation started their own self-regulated fishery. This means they set their own rules for fishing. They began fishing before the official season started on November 30. This made non-Indigenous fishers worried about overfishing.

In November 2020, the Mi'kmaq First Nations and other Indigenous groups, along with Premium Brands Holdings Corporation, bought Clearwater Seafoods. This was a big deal worth $1 billion. Even with this purchase, they still planned to continue with their self-regulated fisheries.

Later in November 2020, government officials took about 600 lobster traps from Indigenous fishers.

On March 3, 2021, Bernadette Jordan, who was the Minister of Fisheries, Oceans and the Canadian Coast Guard, spoke about finding a peaceful way forward in the dispute.

Concerns About the Environment

Some people worried that fishing outside the regular season could harm lobster populations. They feared it might lead to overfishing.

However, Robert Steneck, a professor who studies the ocean at the University of Maine, shared his thoughts. He said that the amount of fishing done by Indigenous fishers in the off-season would likely be very small. He believed it would have a minimal impact on lobster numbers. He was quoted saying, "Really it would be trivial, in my view, by almost any standard."

Reactions to the Dispute

Prime Minister Justin Trudeau asked for the violence in the area to stop. He also said that the Royal Canadian Mounted Police (RCMP) should protect everyone involved in the dispute.

Some restaurants and fish markets decided to stop buying lobster from Nova Scotia. They did this to show support for the First Nations.